Court opens as verdict looms in Baden-Clay trial

EVERYONE has filed into Brisbane Supreme Court ready for a verdict.

Allison's family is on the right side of the courtroom and Gerard's family are on the left.

Media are seated either side of the prisoner's dock where Mr Baden-Clay has just been seated.

The courtroom is filled with people wearing yellow ribbons in support of Allison.



THE jury has reached a verdict in the Gerard Baden-Clay murder trial.

His family and the family of Allison Baden-Clay have gathered out the front or court 11 in the Brisbane Supreme Court.

They stand alongside media, legal professionals and members of the public who have taken a keen interest in the case.

They jury has three options - murder, manslaughter or acquittal. 

Baden Clay jury still out seeks clarification

THE jury in the Gerard Baden-Clay murder trial has sought clarification on how they should treat circumstantial evidence.

The seven men and five women deliberating on his guilt or innocence filed back into the Brisbane Supreme Court just before 4pm on Monday.

Mr Baden-Clay is accused of murdering his wife Allison at their Brookfield home on April 19 or 20, 2012, and then dumping her body under the Kholo Creek bridge.

Justice John Byrne read out parts of his closing summary again.

"As no one claims to have seen the accused kill his wife, this is a circumstantial case," he said.

"Circumstantial evidence is evidence of circumstances that can be relied upon not as proving a fact directly but instead as pointing to its existence.

"It differs from direct evidence, which tends to prove a fact directly: typically, when a witness testifies about something which that witness saw or heard.

"Both direct and indirect evidence are to be considered.

"It is not necessary that facts be proved by direct evidence.

"They may be proved by circumstantial evidence alone, by direct evidence alone, or by a combination of direct and circumstantial: that is, both direct and circumstantial evidence are acceptable proof of facts.

"So you should consider all the evidence, including circumstantial evidence.

"Importantly, to bring in a verdict of guilty based entirely, or substantially, on circumstantial evidence, guilt should not only be a rational inference: it must be the only rational inference that could be drawn from the circumstances.

"If there is any reasonable possibility consistent with innocence, it is your duty to find the accused not guilty.

"This follows from the requirement that guilt must be established beyond reasonable doubt."

The jury will begin deliberating again on Tuesday morning.

They have been deliberating now for about 20 hours.

Topics:  baden-clay jury murder trial

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